January 9, 2019
Page 5
Given these facts, when conveying units in Barrington Village Condominium, Etchstone
Properties, Inc. noted that the units (and their interests in common area) were subject to a variety
of easements, including the “Proposed 50’ Wide Access and Utility Easement” shown on said Plan
No. 19229).
The Barrington Village Condominium Association, by and through its Board of Directors,
manages and maintains the common area (inclusive of the railroad strip) and the fee interest in
land over which the Second Portion of Serenity Lane (the 50’ Easement) is located (Lot 56).
Recognizing that the 50’ Easement runs across Lot 56 (the land of Barrington Village
Condominium) and the other underlying circumstances, the Board of Directors of Barrington
Village Condominium Association executed an instrument entitled Acknowledgment of
Easements (Barrington Village Condominium / Monis Farm Estates) dated January 23, 2014 and
recorded at Book 8653, Page 8, a copy of which is enclosed. This instrument acknowledges that
the submitted land of Barrington Village Condominium is “subject to” the 50’ Easement depicted
on Plan No. 19229.
Given the foregoing, it is our opinion that at the time of dedication of the public servitude
of Serenity Lane (by the recordation of Plan No. 38816 and Plan No. 38863), Etchstone Properties,
Inc. had sufficient property rights in the 50’ Easement to dedicate the Second Portion of Serenity
Lane for acceptance by the City of Nashua as a Class V highway. Please note that fee simple title
to Lot 56 (the submitted land of Barrington Village Condominium) over which the 50’ Easement
(the Second Portion of Serenity Lane) runs is held by the various unit owners of Barrington Village
Condominium, each owning an undivided 1/72™ interest. Their ownership of undivided interests
in the submitted land of Barrington Village Condominium (Lot 56), and any mortgages of their
interests in the submitted land of Barrington Village Condominium are junior, of course, to the
rights in favor of Etchstone Properties, Inc.
As with the First Portion, any mortgages which encumbered Etchstone Properties, Inc.’s
rights to the 50’ Easement have been discharged.
C. Third Portion
The remaining portion of Serenity Lane is the section that lies on Lot 57 (now Monis Farm
Estates (Ext.)) and as shown on Plan No. 38863.
As noted in the deed of Phyllis Monis, Trustee of the Phyllis Monis 2013 Revocable Trust,
to Etchstone Properties, Inc., dated April 15, 2014 and recorded at Book 8653, Page 16, Etchstone
Properties, Inc. acquired full fee simple title to Lot 57 as well as all of the rights to the 50’
Easement. Etchstone Properties, Inc. held title to Lot 57 and the rights of the 50’ Easement at the
time it dedicated Serenity Lane by the recordation of Plan No. 38816 and Plan No. 38863.
Accordingly, it is our opinion that Etchstone Properties, Inc. had sufficient property rights in the
Third Portion of Serenity Lane to dedicate it to the public servitude and to dedicate it for
acceptance as a Class V highway. Any mortgages encumbering Lot 57 have been discharged.
